Md. Haider And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56162 of 2017 Arising Out of PS.Case No. -129 Year- 2017 Thana -DARBHANGA District- DARBHANGA ======================================================

1. Md. Haider, S/o Sadrul Hassan @ Md. Ali Hassan,

2. Md. Neyaz S/o Md. Idris,

3. Md. Reyaz S/o Md. Idris, Petitioner No.1 to 3 all R/o Mohalla- Lalpokar, P.S.- Town, DistrictDarbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Darbhanga P.S. Case No. 129 of 2017 instituted for the offence under Sections 452, 341, 323, 504, 354(B), 354(D) and 506/34 of the Indian Penal Code.

As per allegation, while the informant along with her parent were sitting in the house, the accused/petitioners entered into her house and misbehaved and also attempted to kidnap her. Counsel for the petitioners has submitted that the instant case is the counter blast of Town P.S. Case No. 150 of 2017 filed by petitioner No. 2, namely, Md. Neyaz Ahmad against the father of the informant and other family members in which petitioner no. 2 sustained serious injury and he was referred to D.M.C.H,

Patna High Court Cr.Misc. No.56162 of 2017 (2) dt.27-11-2017 2/2 Darbhanga for treatment. In the instant case, there is general and omnibus allegation against the petitioners.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Darbhanga Town P.S. Case No. 129 of 2017 to the satisfaction of learned C.J.M, Darbhanga, subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.